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| The
1913 law restricting marriage of same sex couples to those who
reside in Massachusetts or those who intend to reside in the
state was repealed by the Senate and House and signed by the
Governor on Thursday, July 31st, 2008 - effective immediately.
Therefore, same sex couples who are not residents of Massachusetts
no longer need to declare an intention to reside here in order
to obtain a marriage license. All couples, same sex and opposite
sex, now treated equally! |
In Massachusetts, a couple first
files their intentions to marry, then there is a mandatory three
day waiting period before a marriage license is issued. If you filed
your intentions on a Monday, for example, we could then issue you
your marriage license any time after 8 am on a Thursday. You would
then take that marriage license to a Justice of the Peace, or anyone
who can officiate a marriage, and have the ceremony. The marriage
is not considered a legal union until the Justice of the Peace conducts
the wedding and signs the marriage license. The marriage license
then becomes a legal document and the original is returned to its
point of origin (where you filed your intentions). A copy is forever
kept as a part of the town's vital records, and the original is
sent to the State Department of Public Health to be recorded in
the State's vital records statistics.
Marriage filings must be conducted in the Clerk's
office with both parties present and cannot be done through the
mail or via the Internet.
A waiver of the mandatory three day waiting period
can only be granted by a judge, the nearest of which is located
in Orleans, a town roughly 35 minutes from Provincetown. If you
would like to pursue this waiver option, you can obtain a waiver
from Orleans
District Courthouse , the cost for a waiver from Orleans District
Court is $195.00. You can also obtain a waiver from Barnstable
Probate Court, which only charges $65.00 for the same service.
Town Hall does not have a Justice of the Peace on site, but you
will find a listing of local Justice of the Peace information on
our Town web site www.provincetown-ma.gov.
You do not have to get married in the town that you file your intentions
in. Once your marriage license is issued, you can take that license
anywhere in the Commonwealth to have your ceremony, but the original
must be returned to the Town in which you filed your intentions.
Please note that as of January 28, 2005, a pre-marital blood test
is no longer required in Massachusetts.
Once you have filed your marriage intentions, you
have 60 days to act on those intentions (get married), or the intention
becomes invalid and you have to start the whole process over again.
No appointments to file marriage intentions are
necessary. Everyone who comes in during business hours will be able
to file their intentions and no one will be turned away. Please
address your questions to Town
Clerk Doug Johnstone.
See local list
of people who can conduct weddings and Out-of-State
Clergy information.
As of January 28, 2005, pre-marital medical certificates
(blood tests) are no longer required for marriage.
2,558 same-sex couples have filed
marriage intentions in Provincetown since May 17, 2004.
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A History
of Same Sex Marriage:
Implementing the Goodridge Decision
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Beyond Goodridge: Provincetown is lead plaintiff in 12-town suit to
overturn 1913 statute. Read GLAD's
6-17-04 press release on the filing of litigation by Provincetown
and 11 other Massachusetts cities and towns seeking to overturn
the 1913 statute under which the Commonwealth is seeking to deny
issuance of marriage licenses to out-of-state same-sex couples not
intending to reside in Massachusetts. Read the complaint
and preliminary
injunction motion filed in the case of Douglas Johnstone
et al. v. Thomas Reilly et al.
Read the decision: Go
to SJC
website - click "opinions" and search for Sandra
COTE-WHITACRE & others vs. DEPARTMENT OF PUBLIC HEALTH &
others (and a companion case). SJC-09436 March 30, 2006.
Review excepts
from the Powerpoint presentation provided by the Governor's
office regarding the meaning of "intent".Visit GLAD's
web site for additional information.
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Defending Same-Sex
Marriages: Town of Provincetown's Special Gift Fund. The
Provincetown Board of Selectmen has established a special
gift fund for the payment of legal expenses for proceedings
which may arise in implementing the Supreme Judicial Court's
Goodridge decision legalizing same-sex marriages in Massachusetts
and the Provincetown Selectmen's policy to issue marriage
licenses to all couples, whether residents of the Commonwealth
or not. Tax-deductible donations to this special gift fund
may be made to the "Town of Provincetown." You should
specify that the donation is for the "Same-Sex Marriage
Defense Fund" Contact the Town
Treasurer's Office at 508.487.7015 for more information
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Read
the Provincetown Board of Selectmen's May 10, 2004 Revised
Policy Statement relative to issuance of marriage licenses.
See the Notice
to Out-of-State Couples. Read Town Counsel's opinions of May
7, 2004 and March
12, 2004 Questions? Contact the
Town
Clerk.
Beyond May 17,
2004. The Mass. Supreme
Judicial Court's
Goodridge decision took effect on Monday,
May 17, 2004. On that first day, 154 same-sex
couples filed marriage intentions with the Provincetown Town Clerk;
in the first week,
217 couples;
in the first year, 962; and in two
years since the implementation of the Goodridge Decision, 1,282
-- as shown below. See
also 2004 Marriage Statistics
, 2005
Marriage Statistics
,2006
Marriage Statistics, 2007
Marriage Statistics,
2008 Marriage Statistics, and 2009
Marriage Statistics for the Town of Provincetown.
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After
1 Day
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After
1 Week
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After
1 Year
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After
2 Years
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Provincetown, MA |
Monday,
May 17,2004
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May
17-21, 2004
|
May
17, 2004 to May 16, 2005
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May
17, 2004 to May 16, 2006
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|
Notice of Intention of Marriage
filed |
154
|
217
|
963
|
1,282
|
| 1 |
Massachusetts residents |
110
|
145
|
421
|
546
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| 2 |
Out-of-state residents; intention
to reside in Massachusetts |
39
|
58
|
528
|
722
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| 3 |
Out-of-state residents; intention
not to reside in Massachusetts |
5
|
14
|
14
|
14
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For more information contact:
Office
of the Town Clerk,
Town of Provincetown, 260 Commercial Street, Provincetown, MA
02657 (508) 487-7013.
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